WHEREAS the State of [Those-States-With-Balls] finds that there is a pre-existing right to bodily autonomy;
WHEREAS Covid-19 is a clear threat to the public, which must be balanced with that pre-existing right;
WHEREAS the actual risk from Covid-19 is highly-stratified and inconsistent from one person to another;
WHEREAS it is unjust and contrary to the public policy of this state to force one citizen to bear another's risk, whether their risk was acquired voluntarily or not;
WHEREAS The Federal Government has demanded that such risk be assumed by others in the form of an employer-based vaccine mandate;
WHEREAS The State, as a regulator of all businesses permitted to operate inside of its borders, has a duty to protect its citizens and, by extension, said employees of said firms;
THEREFORE BE IT ENACTED:
1. COERCED MEDICAL PROCEDURE shall mean any invasive medical act, including but not limited to treatment, injection, vaccination, oral medication, medical test by means of any item or other invasive device which the employee objects to on personal, medical or religious grounds except that it shall not include an oral medication prescribed by a licensed physician to control a chronic condition that otherwise impairs employment such as blood pressure, sleep apnea or similar, nor shall it include non-invasive testing including but not limited to non-contact temperature testing provided it is required of all employees in similar circumstances (such as on-site work);
2. EMPLOYER shall mean any entity, irrespective of its legal domicile or organization, that employs a person to perform labor of any form within the boundaries of this State for economic benefit, whether payment is in money or by exchange;
3. DISMISSAL shall mean an act of being fired, placed on unpaid leave or leave during which the employees pay and/or benefits are reduced irrespective of the mechanism or internal naming used by the employer. Dismissal shall not include leave, with or without pay, for any period during which a medical doctor has found that an employee has and can transmit a communicable disease of great public concern, including but not limited to Covid-19.
EMPLOYEE MEDICAL DISCRIMINATION DISMISSAL FUND (COTAX):
1. There shall be laid a supplemental unemployment tax called COTAX on all employers of one or more employees in this state;
2. Said tax shall be in addition to and not in replacement of the existing SUI levy placed on all firms, with registration for SUI being considered registration for COTAX;
3. The amount of said tax shall be established as a base rate of 0.1% of all actual gross pay and benefits, including but not limited to those deductible above the line by the employer, such as health premiums and similar, and shall include any employee "contributions" deducted from an employee's paycheck. Said base rate shall be designated by the State Treasury to defray operating expenses of the COTAX fund;
4. The amount of such tax shall be adjusted quarterly such as to increase by the amount equal to 75% of all actual former gross pay and benefits for any person subject to dismissal due to refusing a coerced medical procedure, retroactive to the date of such dismissal and continuing for each day said dismissal remains in effect, except as terminated by an act of the employee below;
5. All employers shall report, by electronic means, any such dismissal within seven (7) calendar days. Failure to so-report shall subject employer to a fine of 100% of the covered and due funds, due and payable immediately;
6. Amounts due for COTAX shall be due thirty (30) days after the close of each calendar quarter. A late payment penalty of 10% shall be assessed for each thirty (30) day period beyond the close of the quarter that the full amount remains unpaid. Unpaid balances overdue by more than sixty (60) days shall result in a levy against all assets owned by the employer first within the State and then beyond it. Unpaid balances overdue by more than one hundred twenty (120) days shall result in a writ of seizure against the assets of said employer, wherever located, to satisfy said debt.
DISBURSEMENTS FROM COTAX FUNDS:
1. Any person dismissed due to their refusal to comply with a coerced medical procedure may file a COTAX claim;
2. Upon substantiation that said dismissal was for a covered reason under this act said person shall be entitled to the 75% of their former pay and benefits, in cash, remitted from the State;
3. Said right to recover funds by an employee under COTAX shall terminate when (1) the individual is re-employed within or beyond the State, (2) moves their residence beyond the boundaries of the State, (3) qualifies under SSDI or other long-term disability federal program, (4) qualifies for Social Security at their full retirement age or (5) is incarcerated or involuntarily committed, in which case their payments shall be tolled during that period or (6) dies;
4. No right to disbursement may be assigned, hypothecated, pledged, loaned against or otherwise irrespective of the reason, purpose or justification.
1. No employer shall enact or enforce a policy by which an employee is subjected to differential treatment in the workplace due to their medical status, irrespective of whether that policy relates to dress, items to be worn or not (such as masks) or non-invasive testing except an employer may, upon clear and convincing evidence that an employee is actually ill or carrying a contagious disease, dismiss said employee from their duties and order them to leave the premises;
2. No employer shall enact or enforce a policy by which the type or conditions of leave from duties as a result of illness varies due to the specifics of the illness or the employee's medical status;
3. No employer shall use sequential actions such as placing an employee on paid leave due to refusal of a coerced medical procedure which is then converted, at a later date, to unpaid leave or dismissal in order to circumvent the protections of this act;
4. An employer who violates these policies shall be deemed to have dismissed each employee to which said prohibited act is applied to, and said employee shall be entitled to recovery, and the employer shall be liable for sums due under the COTAX act for each day said policy remains in place.
1. All filings made under this act shall be made under penalty of perjury;
2. Any person making a false statement or claim under the COTAX act shall be liable for 150% of all funds disbursed and a mandatory sentence upon conviction of not less than one nor more than ten years in the state penitentiary;
3. Any employer making a false statement or claim under the COTAX act shall be liable for 300% of the amount otherwise due under this act and any officer, director or other person executing, preparing or signing such a statement shall serve upon conviction not less than two nor more than ten years in the state penitentiary;
4. Criminal penalties under this subsection may not be reduced to misdemeanors, diverted or expunged.
1. The names of employers, numbers of employees dismissed due to a coerced medical procedure or which commit a prohibited act and the amount of tax due, payable, collected and disbursed, along with the number and type of prohibited act for any employer who has or does dismiss one or more employees or commit a prohibited act under this law are deemed public records and disclosed via conspicuous and free means. Publication on the State's employment web page shall comply with this requirement;
2. To the extent a collective bargaining agreement affords superior or equal protection to employees from dismissal for a coerced medical procedure said collective bargaining agreement shall supersede this legislation.
1. Should any element of this legislation be found unenforceable by a Court of Competent Jurisdiction the remainder shall be construed to the maximum available extent to provide the same employee protections as outlined herein.
That ought to do it. Let's see which state has the nuts to enact it; the cost of the State Treasury is very nearly zero as the base rate should cover operating expenses as the basic SUI structure is already present within the State machinery.
Governors Lee and DeSantis, where are you!
More to the point: Want to see every corporation force the Government to fold instantly?
Pass this in the red states and they will.